DOMAIN NAME AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Domain Name Agreement is between SERVICE PROVIDER and COMPANY, and is made effective as of the date of acceptance and/or service activation. This Agreement sets forth the terms and conditions of your use of Domain Name services and represents the entire agreement between COMPANY and SERVICE PROVIDER concerning the subject matter hereof.
Your activation of service or signature of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our General Terms and Conditions Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.
The terms “service provider”, “we”, “us” or “our” shall refer to SERVICE PROVIDER. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement (CUSTOMER). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised,you may have up to 30 days to terminate service but will be bound by the termination fees as referenced in any agreements which are incorporated herein. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
- THE FOLLOWING SECTION APPLIES ONLY TO THE DOMAIN NAME REGISTRATION SERVICE
SERVICE PROVIDER currently provides the Domain Name Registration Service through the services provided by registrars accredited through the Internet Corporation for Assigned Names and Numbers (“ICANN”). ICANN coordinates, among other things, the top-level domain name (“TLDs) systems management including generic and country code TLDs and develops policies regarding domain names. SERVICE PROVIDER accepts applications to register domain names with the following TLDs in Roman-alphabet languages: com, .net, .org, .biz, .info, name, .mobi, .asia, .tel and .us.
If CUSTOMER is registering the .biz TLD, CUSTOMER agree that CUSTOMER registered domain will be used primarily for a bona fide business or commercial purpose at the time of registration. A bona fide business use is one of the following: (i) to exchange goods, services, or property of any kind in the ordinary course of trade or business; or (ii) to facilitate the exchange of goods, services, information, or property of any kind in the ordinary course of trade or business. CUSTOMER also agrees that the .biz TLD will not be used exclusively for personal use; or solely for the purposes of (i) selling, trading or leasing the domain for compensation, or (ii) the unsolicited offering to sell, trade or lease the domain for compensation.
Registration of .us TLD is limited to (i) U.S. citizens or permanent residents in the U.S.; (ii) entities or organizations that are incorporated in the U.S.; (iii) U.S. federal, state or local government; or (iv) foreign entities with a bona fide presence in the United States. If CUSTOMER is registering the .us TLD, CUSTOMER agrees and acknowledges that CUSTOMER has a presence in the United States and that CUSTOMER is not permitted to purchase private or proxy .us registration.
CUSTOMER domain name application process will not be effective until the domain name registration information CUSTOMER provides to SERVICE PROVIDER is delivered to the registrar and the registrar puts into effect CUSTOMER domain name registration.
CUSTOMER agrees that CUSTOMER will to be bound by all terms and conditions of ICANN’s Uniform Domain Name Dispute Resolution Policy (the “UDRP”), as amended from time to time, which is hereby incorporated and made a part of this Agreement and can be found at http://www.icann.org/dndr/udrp/policy.htm . The UDRP sets forth the terms and conditions in connection with a dispute between CUSTOMER and any party other than us or the registrar over the registration and use of a domain name registered by CUSTOMER.
2.2 No Guarantee of Registration or Renewal
CUSTOMER acknowledges and agrees that SERVICE PROVIDER does not guarantee that CUSTOMER will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, because SERVICE PROVIDER cannot know with certainty whether or not the domain name which CUSTOMER is seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases.
CUSTOMER further acknowledges and agrees that SERVICE PROVIDER may elect to accept or reject CUSTOMER application for registration for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name. CUSTOMER also acknowledges and agrees that SERVICE PROVIDER is not liable or responsible in any way for any errors, omissions or any other actions by any registrar administrator arising out of or related to CUSTOMER application for, registration of, renewal of, or failure to register or renew a particular domain name.
In addition, SERVICE PROVIDER is not responsible for any domain names that CUSTOMER chose not to renew its registration. In the event that CUSTOMER has not paid CUSTOMER prepaid bill or monthly bill, whichever is applicable, and CUSTOMER SERVICE PROVIDER account has gone into inactive status, SERVICE PROVIDER will not renew CUSTOMER domain name. If CUSTOMER reactivates CUSTOMER SERVICE PROVIDER account after the registration of CUSTOMER domain name has expired, SERVICE PROVIDER will not be responsible for renewing the expired domain name registration.
2.3 The Customer Relationship
By submitting the domain name registration application to SERVICE PROVIDER, CUSTOMER acknowledges and agrees that CUSTOMER is a customer of SERVICE PROVIDER for purposes of SERVICE PROVIDER registering and renewing CUSTOMER domain name. CUSTOMER further acknowledges that there is no customer relationship between CUSTOMER and the registrar of CUSTOMER domain name. Upon termination of SERVICE PROVIDER’s relationship with its registrar or during the renewal of CUSTOMER domain name registration, SERVICE PROVIDER, in its sole discretion, may transfer CUSTOMER domain name registration to a new registrar at a charge to CUSTOMER and only if all terms and conditions of the Agreement have been met and that this Agreement will continue in full force and effect.
CUSTOMER agrees to pay the then-current fees for domain name registrations and renewals set forth in the SERVICE PROVIDER price schedule for the billing plan CUSTOMER selected. All fees are non-refundable, in whole or in part, even if CUSTOMER domain name registration is suspended, canceled or transferred prior to the end of CUSTOMER then-current registration term. SERVICE PROVIDER reserves the right to change renewal fees at any time upon thirty (30) days’ notice.
2.5 Domain Name Revisions and Additions to this Agreement
CUSTOMER acknowledges that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore CUSTOMER agrees that SERVICE PROVIDER may modify this Agreement, as well as any additional rules or policies that are or may be published by SERVICE PROVIDER, as necessary to comply with any ICANN-accepted policy, or with any other agreements that SERVICE PROVIDER is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. CUSTOMER continued use of any domain name registered through SERVICE PROVIDER will constitute CUSTOMER acceptance of this Agreement as well as additional rules or policies that are or may be published by SERVICE PROVIDER, each with the new modifications. If CUSTOMER does not agree to any of such changes, CUSTOMER may request that CUSTOMER domain name registration be canceled or transferred to a different domain name registrar. CUSTOMER acknowledges and agrees that such cancellation or request for transfer will be CUSTOMER exclusive remedy and SERVICE PROVIDER’s sole liability if CUSTOMER do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by SERVICE PROVIDER.
2.6 Information Needed for Domain Name Registration
CUSTOMER hereby acknowledges and agrees that, in connection with CUSTOMER domain name registration, CUSTOMER is required by ICANN and the registrar to provide certain information and to update promptly this information as needed to keep it current, complete and accurate (“Domain Information”). The Domain Information CUSTOMER are obligated to provide and keep current in connection with CUSTOMER use of SERVICE PROVIDER’s domain name registration, administration, and renewal services includes: (i) CUSTOMER full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, if available (or if different, that of the domain name registrant); (ii) the domain name being registered; and (iii) the name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.
2.7 Additional Information Maintained
In addition to the “Domain Information, SERVICE PROVIDER may maintain records relating to any domain name application received by SERVICE PROVIDER, as well as any domain name registered through, administered, or renewed by SERVICE PROVIDER. SERVICE PROVIDER also maintains records relating to the Domain Name Registration Service that may include, but are not limited to: (i) the original creation date of a domain name registration, renewal, or request for service; (ii) the submission date and time of a registration or renewal by SERVICE PROVIDER to the proper registry; (iii) communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between CUSTOMER and SERVICE PROVIDER; (iv) records of CUSTOMER account, including dates and amounts of all payments and refunds; (v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (vi) the corresponding names of those nameservers; (vii) the name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name; (viii) the expiration date of a domain name registration; and (ix) information regarding all other activity between CUSTOMER and SERVICE PROVIDER regarding CUSTOMER use of the Domain Name Registration Service (collectively, “Other Information”). To process CUSTOMER registration or renewal, SERVICE PROVIDER may provide the Domain Information and the Other Information to its registrar.
2.8 Obligations Relating to the Information CUSTOMER Provide
In the event that CUSTOMER provides information about a third party in applying for the registration of a domain name or CUSTOMER license a domain name registered in CUSTOMER name to a third party, CUSTOMER hereby represents and warrants that CUSTOMER has (i) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (ii) that CUSTOMER has obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement. CUSTOMER is prohibited from registering for a third party for the .us registrations that is located outside of the United States.
CUSTOMER acknowledges and agrees that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of CUSTOMER domain name registration. CUSTOMER further acknowledges and agrees that CUSTOMER failure to respond for over fifteen (15) calendar days to inquiries by SERVICE PROVIDER concerning the accuracy of contact details associated with CUSTOMER domain name registration will constitute a material breach of this Agreement and will be sufficient basis for cancellation of CUSTOMER domain name registration.
2.9 Disclosure and Use of Information
SERVICE PROVIDER will provide the Domain Information to SERVICE PROVIDER’s registrar that is required by SERVICE PROVIDER’s registrar in processing the registration or renewal of CUSTOMER domain name. CUSTOMER hereby acknowledges that this Domain Information will be publicly available and accessible on the WHOIS directory as required by ICANN/Registry Policy during or after the term of CUSTOMER registration of CUSTOMER domain name unless CUSTOMER opts to pay for the domain privacy service.
CUSTOMER further acknowledges that SERVICE PROVIDER’s registrar may use certain of the information provided by SERVICE PROVIDER regarding CUSTOMER domain name registration or renewal in a manner consistent with such registrar’s terms of usage and user agreement. SERVICE PROVIDER will only provide its registrar with that information necessary to process and renew CUSTOMER registration. CUSTOMER hereby irrevocably waives any and all claims and causes of action CUSTOMER may have arising from such disclosure or use of information provided by CUSTOMER to SERVICE PROVIDER.
2.10 Ownership of Data
CUSTOMER acknowledges and agrees that SERVICE PROVIDER owns all graphic designs, databases, compilation, collective and similar rights, title and interests worldwide in SERVICE PROVIDER’s domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, CUSTOMER hereby grants to SERVICE PROVIDER a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in its business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use the following information: (i) the original creation date of a domain name registration, (ii) the expiration date of a domain name registration, (iii) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (iv) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (v) any other information SERVICE PROVIDER generates or obtains in connection with the Domain Name Registration Service. SERVICE PROVIDER does not have any ownership interest in CUSTOMER specific personal registration information or other information other than SERVICE PROVIDER’s rights in its domain name database as set forth in this Section 11.11.
2.11 Agents and Licenses
CUSTOMER agrees that, if CUSTOMER is using the Domain Name Registration Service for someone else, CUSTOMER represents that CUSTOMER has the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. CUSTOMER accepts liability for harm caused by wrongful use of the Domain Name Registration Service. CUSTOMER agrees that if CUSTOMER licenses the use of a domain name registered in CUSTOMER name to a third party, CUSTOMER nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both CUSTOMER’S own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, CUSTOMER will accept liability for harm caused by wrongful use of the domain name, unless CUSTOMER promptly disclose the identity of the licensee to a party providing CUSTOMER with reasonable evidence of actionable harm.
2.12 System Performance Degradation
SERVICE PROVIDER’s delivery of the Domain Name Registration Service services depends upon its computer system and the computer system of its registrar, both of which are responsive to the demands of the domain name registration process. Occasionally, SERVICE PROVIDER’s computer system or its registrar’s computer system are subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of SERVICE PROVIDER’s or its registrar’s system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, SERVICE PROVIDER reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high-volume traffic. SERVICE PROVIDER will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. SERVICE PROVIDER further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
2.13 Suspension, Cancellation, Transfer
CUSTOMER acknowledge and agree that SERVICE PROVIDER may suspend or cancel CUSTOMER use of the SERVICE PROVIDER Domain Name Registration Service at any time, for any reason, in SERVICE PROVIDER’s sole discretion, including if (i) CUSTOMER materially breaches this Agreement (including any applicable additional rule or policy; (ii) CUSTOMER uses the domain name registered to CUSTOMER to send unsolicited email advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet; or (iii) CUSTOMER uses of CUSTOMER domain name does not comply with applicable local, state, national and international laws, rules and regulations.
CUSTOMER further acknowledges and agrees that CUSTOMER domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to CUSTOMER domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN-adopted policy, (iii) any registrar or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. CUSTOMER also agrees that SERVICE PROVIDER will have the right in its sole discretion to suspend, cancel, transfer or otherwise modify CUSTOMER domain name registration at such time as SERVICE PROVIDER receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of CUSTOMER domain name registration.
If CUSTOMER contacts SERVICE PROVIDER that CUSTOMER does not want SERVICE PROVIDER to renew CUSTOMER domain registration, then the domain name registration will continue until the end of the registration term.
2.14 Additional Disclaimers and Indemnification regarding the SERVICE PROVIDER Domain Name Registration Service:
THE SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE CUSTOMER EITHER FROM CHALLENGES TO CUSTOMER DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO CUSTOMER.
CUSTOMER hereby represents and warrants that (i) the statements that CUSTOMER made in connection with such application for registration, are complete, truthful and accurate; (ii) to CUSTOMER knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (iii) CUSTOMER are not registering the domain name for an unlawful purpose or not in accordance with the terms of this Agreement or ICANN rules; and (iv) CUSTOMER will not knowingly use the domain name in violation of any applicable laws or regulations. CUSTOMER agrees and acknowledges that it is CUSTOMER responsibility to determine whether CUSTOMER domain name registration infringes or violates a third party’s rights including, but not limited to, whether any foreign language translations of CUSTOMER domain name, infringe or violate someone else’s rights.
CUSTOMER agrees to notify SERVICE PROVIDER of any claim or potential claim against CUSTOMER domain name, including, but not limited to, the initiation of a dispute under UDRP, within five (5) business days of same. In the event that CUSTOMER loses CUSTOMER right to use a domain name used in connection with the SERVICE PROVIDER Web Hosting Service, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, CUSTOMER agrees to inform SERVICE PROVIDER immediately and, if applicable, inform SERVICE PROVIDER of the party to whom the domain name is to be transferred and to authorize SERVICE PROVIDER to take any and all action necessary to effect such transfer.
CUSTOMER agrees to defend, indemnify and hold harmless the SERVICE PROVIDER Parties for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand related to (i) CUSTOMER use of the Domain Name Registration Service, including, but not limited to, CUSTOMER application for registration or renewal of any domain name registered in CUSTOMER name, and (ii) CUSTOMER use of any domain name registered in CUSTOMER name. CUSTOMER additionally agrees to indemnify, defend and hold harmless the SERVICE PROVIDER Parties from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, CUSTOMER application for registration of, renewal of, or failure to register or renew, a particular domain name. These indemnification provisions are in addition to any indemnification required under the UDRP or any similar policy.
- TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
- DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the General Terms and Conditions Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the General Terms and Conditions Agreement, the provisions of this Agreement shall control.